VOCAT - Compensation For Injuries Suffered As A Result Of A Crime - Part 1
In Victoria there are three ways in which a person who has suffered an injury and/or loss as a result of a crime can claim compensation. The injury may be physical and/or mental and the financial loss may include loss of earnings. A person can claim more than one form of compensation, however one form of compensation may be set off by another.
1. Victims Of Crime Assistance Tribunal (“VOCAT”)
Compensation may be awarded under the Victims of Crime Assistance Act 1996. There are three categories of people who may claim assistance from VOCAT:-
1. Primary Victim - the person who was actually injured or suffered the loss as a result of the offence. A Primary Victim includes a person injured in the course of arresting a person or who is trying to prevent the commission of an offence;
2. Secondary Victim - a person who witnessed the act of violence or the parent/guardian of the Primary Victim; and
3. A Related Victim who is a relative or dependent of a victim who died as a result of the act of violence.
Assistance Available
A Primary Victim may be awarded assistance of up to $60,000.00 plus Special Financial Assistance (see below). This amount is made up of counselling services, medical expenses, up to $20,000.00 for loss of earnings as a direct result of the act of violence (up to two years from the injury) and loss or damage to clothing worn at the time of the act of violence. It should be noted that property damage cannot be recovered under the Victims of Crime Act. If exceptional circumstances can be proved the Primary Victim may claim payment for any other thing that will assist them in their recovery from the act of violence. For example, a person who was assaulted could seek payment of a self defence course, the victim of a home invasion could seek payment for a security system and so forth.
Secondary Victims may be compensated up to a maximum of $50,000.00, Special Financial Assistance is not available to Secondary Victims. Secondary Victims may claim amounts for counselling and medical expenses. If a Secondary Victim can show that exceptional circumstances exist then they may claim loss of earnings of up to $20,000.00. This could include an amount payable to a parent who has been required to take time off work as a result of their child being a Primary Victim. If exceptional circumstances can be shown then a Secondary Victim who is a family member of the Primary Victim and who was under the age of eighteen years at the time of the act of violence may also seek any payment of any other thing that will assist them in their recovery from the act of violence.
A Related Victim may seek compensation up to a maximum of $50,000.00. However, the total pool for all related victims is $100,000.00 including funeral expenses. Related victims may seek payment of funeral services, counselling services and medical expenses. Related victims may also seek compensation for distress suffered as a result of the death, loss of money that the related victim would have been likely to receive from the Primary Victim for a period of up to two years after the date of death and again, other expenses that may be incurred to assist them in their recovery from the act of violence.
Special Financial Assistance
This is the amount that is paid by the Tribunal for “pain and suffering”. It is only available to Primary Victims and is limited. Victims are categorised as “A”, “B”, “C” or “D”. Category “A” is reserved for the most serious of offences and serious injuries. The maximum amount of Special Financial Assistance payable for a category “A” victim is $7,500.00. Category “D” is paid to victims of assaults and the like who have only suffered minor injuries with no long term effects and ranges from $100.00 to $500.00.
General Information
Payment of awards is from VOCAT directly. Accordingly, payment is guaranteed. Applications must be made within two years of the commission of the offence, however it is possible to obtain an extension of time in exceptional circumstances. Generally speaking all legal fees are paid by the Tribunal. Any other forms of compensation received will be taken into account by VOCAT. For example, if loss of earnings has been paid by WorkCover or if benefits are paid by health insurance or Medicare then these will not be paid again by VOCAT. The Victims of Crime Assistance Tribunal may seek reimbursement of awards made in the event that the victim successfully recovers compensation from another source such as under the Sentencing Act or through civil proceedings.
It is not necessary for the offender to be prosecuted or convicted. However, an offence must have been committed, it must have been serious enough to be punishable by imprisonment and the victim must have suffered an injury. The matter must have been reported to the police as soon as possible.
In some circumstances the Tribunal will make an award for compensation without having a hearing. This is at the discretion of the Tribunal. It is also possible for the Tribunal to make interim awards where urgent expenses, such as medical treatment are required.
In Summary
In the event that a person suffers a physical and/or psychological or psychiatric injury as a result of a criminal offence occurring they should contact their lawyer. Kenna Teasdale Lawyers can advise on whether or not to pursue a claim for compensation and which avenue of compensation may best suit the circumstances. A lawyer can assist you in gathering together all necessary material in order to maximise the amount of compensation payable. Depending on the nature of compensation sought, legal fees may be paid in part or in full as part of the compensation awarded.
For more information, or if you believe that you may be eligible for some form of compensation, please contact Sam Marash of Kenna Teasdale Lawyers on 9670 5991. |
